Art. 92. When and how penalties prescribe. The penalties imposed by final

sentence prescribe as follows:

1. Death and reclusion perpetua, in twenty years;

2. Other afflictive penalties, in fifteen years;

3. Correctional penalties, in ten years; with the exception of the penalty of arresto

mayor, which prescribes in five years;

4. Light penalties, in one year.

Note that final sentence must be imposed

If a convict can avail of mitigating circumstances and the penalty is lowered, it is still the

original penalty that is used as the basis for prescription. However, if the convict already

serves a portion of his sentence and escapes after, the penalty that was imposed (not the

original) shall be the basis for prescription

Fines less than 200 fall under light penalty. Those above are correccional.

Art. 93. Computation of the prescription of penalties. The period of

prescription of penalties shall commence to run from the date when the culprit should

evade the service of his sentence, and it shall be interrupted if the defendant should give

himself up, be captured, should go to some foreign country with which this Government

has no extradition treaty, or should commit another crime before the expiration of the

period of prescription.

Elements:

a) penalty is final

b) convict evaded the sentence

c) convict has not given himself up

d) penalty has prescribed because of lapse of time from the date of the evasion of the service

of the sentence

Interruption of the period

If the defendant surrenders

If he is captured

If he should go into a foreign country with which the Philippines has no extradition

treaty

If he should commit another crime before the expiration of the period of

prescription

Acceptance of a conditional pardon(People v. Puntilos)

If a government has an extradition treaty w/ the country to w/c a convict escaped and

the crime is not included in the treaty, the running of the prescription is interrupted

Sentence evasion clearly starts the running of the prescription. It does not interrupt it.

Acceptance of the conditional pardon interrupts the prescriptive period.

Rolito Go case: since he was captured, he is only supposed to serve the remainder of his

sentence. Reason: during the period he escaped, his existence is one of fear and

discomfort